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EL PROGRAMA AMBIENTAL DEL CARIBE. Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region – Cartagena Convention Legal and Administrative Challenges of Implementing a Regional MEA Training Workshop on Environmental Legislative Drafting
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EL PROGRAMA AMBIENTAL DEL CARIBE Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region – Cartagena Convention Legal and Administrative Challenges of Implementing a Regional MEA Training Workshop on Environmental Legislative Drafting Georgetown, Guyana 2-5 August 2011 Christopher Corbin Programme Officer Secretariat for the Cartagena Convention
OUTLINE • WhatistheCaribbeanEnvironmentProgramme? • Cartagena Convention & Protocols • MajorObligations of theConvention • Legal & AdministrativeBarrierstoRatification • Legal & AdministrativeBarrierstoImplementation • Conclusion & Opportunities
The Caribbean Environment Programme is one of18 Regional Seas Programmes comprising over 140 Countries Regional Seas
WIDER CARIBBEAN REGION St. Maarten Curacao
CARIBBEAN ENVIRONMENT PROGRAMME MISSION “To promote regional co-operation for the protection and development of the Wider Caribbean Region” OBJECTIVE “To achieve sustainable development of marine and coastal resources in the Wider Caribbean Region through effective, integrated management that allows for economic growth and sustainable livelihoods”
The legal and administrativebasisfortheCaribbeanEnvironmentProgrammeisthe: Cartagena ConventionfortheProtection and Development of theWiderCaribbean
CARTAGENA CONVENTION OnlyLegallyBinding Regional MEA fortheProtection and Development of the Marine Environment of theWiderCaribbeanRegion
CARTAGENA CONVENTIONS & PROTOCOLS Cartagena Convention Adopted in 1983 Enteredintoforce 1986 SpeciallyProtectedAreas and WildlifeProtocol (SPAW) Adopted in 1990 Enteredintoforce 2000 Oil Spills Protocol Adopted in 1983 Enteretd into focrce in 1986 ProtocolconcerningLand-BasedSources of Pollution (LBS) Adopted in 1099 Enteretdintoforce in 2010
Status of Ratification of the Cartagena Convention & its Protocols Cartagena Convention: 25 countries OilSpillsProtocol: 25 countries SPAW Protocol : 13 countries LBS Protocol: 9 countries
Major Environmental Threats • UnplannedCoastalDevelopment • LandBasedSources of Pollution • Marine-basedActivities • Overfishing • HabitatDestruction • ClimateChange • InvasiveSpecies
Major Environmental Impacts Loss of Biodiveristy Flooding Pollution
The Cartagena Convention as a Regional MEA addresses several different coastal & marine environmental threats affecting the countries of the Wider Caribbean Region. The three Protocols to the Convention identify additional obligations for the protection and development of the Caribbean Sea thus reducing negative impacts to the coastal and marine environment.
Dumping Ships Land Based CARTAGENA CONVENTION Biodiversity Sea/River-Bed Air
What are the Objectives of the Oil Spills Protocol? • Protect marine & coastal environment from oil spill incidents • Establish & maintain means to respond to oil spill incidents & to reduce the risks associated with such incidents
What are the Objectives of the SPAW Protocol? • Protect, preserve & sustainably manage fragile areas & threatened or endangered species of flora & fauna • Regulate &/or prohibit activities having adverse effects on protected areas & wildlife (biodiversity)
What are the Objectives of the LBS Protocol? • Reduce pollution through establishment of effluent & emission limitations and/or best management practices • Exchange information on land-based pollution through cooperation in monitoring & research
THE MEA DILEMMA – How do we implement? Climate Change Not another one... Biodiversity Cartagena Desertification BASEL CITES Stockholm RAMSAR Rotterdam Oil Spills
Limited financial, technical & human resources to assess implications of the MEA; • Lack of political priority for environmental protection & sustainable development; • Lack of interest or perceived relevance of the MEA to national priorities; Challenges to Ratification/1
Lack of involvement by country in the negotiation process; • Lack of understanding of implications, benefits & costs of implementing the MEA; • Lack of dedicated national focal points responsible for treaty acceptance; Challenges to Ratification/2
Lack of expertise & inadequate financial/human resources to ensure compliance with obligations; • Lack of interest or perceived relevance of MEA obligations to national priorities; • Lack of media & public awareness/interest; • Lack of integration of MEA obligations into national work programmes, projects & activities; Challenges for MEA Implementation/1
Project rather than Programme Focus by MEA enabling activities; • Competing MEAs, projects and/or priorities; • Lack of enabling Legislation that provides for standards, enforcement, reporting etc. • Lack of effective administrative structure for monitoring MEA compliance; Challenges for MEA Implementation/2
Reduced financial support compared with Global MEAs – often lesser visibility & profile; • Obligations cover a wide range of thematic areas - implementation requires coordination & collaboration among several agencies & may require amendments to existing policy, legislation, regulations, &/or institutional/administrative mechanisms; Unique Challenges for Regional MEA
Facilitates joint implementation of a larger number of related Global MEAs; • Responds more directly to unique national, sub-regional & regional priorities, socio-economic circumstances & political realities; • Fosters regional cooperation in the protection of a shared resource – the Caribbean Sea; Unique Opportunities for Regional MEA
Retain drafting skills & technical expertise; • Seek assistance of Convention Secretariat for technical assistance; • Ensure that implementing legislation provides for institutional, policy-making & administrative tools & mechanisms; • Ensure that implementing legislation provides for adequate enforcement measures • including incentives to promote compliance; Checklist for MEA Implementation/1
Resolve conflict between MEA principles and domestic legislation; • Ensure that the national legislation implements all of the mandatory MEA obligations; • Conditions may change and provisions may become inadequate. Include provisions in the • national legislation for MEA amendments; Checklist for MEA Implementation/2
What direct support can be provided? • Policy & Legislative Reforms • Training & Capacity Building • Public Education & Awareness • Technology/Equipment • Solutions for “Hot Spot” problems through pilot interventions;
THANK YOU UNEP-CAR/RCU 14-20 Port Royal Street Kingston, Jamaica (876) 922-9267 - phone (876) 922-9292 - fax rcu@cep.unep.org Website: www.cep.unep.org EL PROGRAMA AMBIENTAL DEL CARIBE